[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5014 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5014

To protect the legal production, purchase, and possession of marijuana 
               by Indian tribes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2016

  Mr. Pocan introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To protect the legal production, purchase, and possession of marijuana 
               by Indian tribes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Marijuana Sovereignty Act of 
2016''.

SEC. 2. LEGAL PRODUCTION, PURCHASE, AND POSSESSION OF MARIJUANA BY 
              INDIAN TRIBES.

    (a) In General.--The fact that an Indian tribe, a member of an 
Indian tribe, or a tribal entity is legally authorized to produce, 
purchase, or possess marijuana on lands held in fee by that Indian 
tribe, lands held in trust by the United States for the benefit of that 
Indian tribe, or lands conveyed to an Alaska Native Corporation 
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), shall not be considered when--
            (1) allocating or distributing Federal funds or other 
        Federal benefits to the Indian tribe, a member of an Indian 
        tribe, or the tribal entity;
            (2) determining the eligibility of the Indian tribe or the 
        tribal entity for any contract, grant, or other agreement with 
        the United States, or the renewal or modification thereof, 
        where the legal production, purchase, or possession of 
        marijuana by the Indian tribe or a member of an Indian tribe 
        would otherwise disqualify the Indian tribe from eligibility;
            (3) evaluating the ongoing compliance of the Indian tribe 
        or the tribal entity with any contract, grant, or other 
        agreement with the United States where the legal production, 
        purchase, or possession of marijuana by the Indian tribe or a 
        member of an Indian tribe would otherwise result in the Indian 
        tribe or tribal entity being out of compliance; and
            (4) determining if the Indian tribe or a member of an 
        Indian tribe is eligible for Federal benefits for which the 
        Indian tribe or a member of an Indian tribe would otherwise be 
        eligible.
    (b) Clarification.--This section shall not prohibit consideration 
of income from the legal production, purchase, or possession of 
marijuana to the same extent that the other legal income would be 
considered when allocating or distributing Federal funds or determining 
eligibility for Federal benefits.
    (c) Definition.--For purposes of this section:
            (1) Indian tribe.--The term ``Indian tribe'' means those 
        entities described in section 4(e) of the Indian Self-
        Determination and Education Assistance Act of 1975 (25 U.S.C. 
        450b(e)).
            (2) Tribal entity.--The term ``tribal entity'' means--
                    (A) tribal organizations as defined in sections 
                4(l) of the Indian Self-Determination and Education 
                Assistance Act of 1975 (25 U.S.C. 450b(l));
                    (B) tribally designated housing entities as defined 
                in section 4(22) of the Native American Housing 
                Assistance and Self-Determination Act of 1996 (25 
                U.S.C. 4103(22)); or
                    (C) Indian owned businesses and tribal enterprises 
                as defined in sections 3(5) and 3(8) of the Native 
                American Business Development, Trade Promotion, and 
                Tourism Act of 2000 (25 U.S.C. 4302(5) and (8)).
            (3) Legally authorized.--The term ``legally authorized'' 
        means permitted under the laws of--
                    (A) the United States;
                    (B) the State where the lands held in fee by an 
                Indian tribe or held in trust by the United States for 
                the benefit on behalf of that Indian tribe are located; 
                or
                    (C) an Indian tribe.

SEC. 3. RECOMMENDATIONS OF IHS MEDICAL PROFESSIONALS REGARDING 
              MARIJUANA.

    (a) In General.--Notwithstanding any other provision of law, IHS 
medical professionals are authorized to make medical recommendations to 
their patients with regard to marijuana and to complete forms 
reflecting such recommendations.
    (b) Definitions.--In this section:
            (1) The term ``IHS medical professional'' means a physician 
        or other health professional furnishing services through an 
        Indian health program (as defined in section 108(a)(2) of the 
        Indian Health Care Improvement Act (25 U.S.C. 1616a(a)(2))).
            (2) The term ``recommendations'' does not include 
        dispensing (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)).
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